Calypso lawyer blames TSSA for lack of safeguard at water park
The lawyer for Calypso Waterpark says Ontario's public safety agency has failed to make its case of alleged safety violations against the Limoges, Ont., amusement park, and that in one incident, the safety watchdog's own inspector took away a safety precaution in place at the park.
The Technical Standards & Safety Authority laid 20 charges against the water park for alleged safety violations in 2011 and 2012. But prosecutors withdrew nine charges in February due to lack of evidence.
Three of the remaining charges involve a ride called the Orange Bobsleigh, and an incident in which a man fractured his skull on June 19, 2012.
In delivering his closing arguments in court today, Calypso lawyer Lawrence Greenspon said in the case of the Orange Bobsleigh ride, Calypso had asked for and had approved a red light system that would have warned operators if it was unsafe to send people down.
But Greenspon said a TSSA inspector later told the water park operators not to use the system and in doing so 'officially induced' the error.
"The evidence is clear, had Calypso been allowed to use that red light dispatch system, the accident would never have happened on the bobsleigh," Greenspon said outside of court.
Three other charges relate to issues involving compliance with safety regulations at the ride Pirate's Aquaplay while the five remaining charges relate to incidents involving the operation of the Steamer water slide.
Greenspon said the Crown failed to establish any trend in those cases, and said only a few of the incidents were actually reported to Calypso at the time.
"There was no trend, there were a couple of accidents, people were attended to, taken to first aid, and that was what the Crown is arguing was a trend," said Greenspon.
As for the issue of whether Calypso had enough attendants, Greenspon said the TSSA didn't prove how many attendants there were nor how many should have been there.
The Crown is expected to present its closing arguments Tuesday. A judgment is expected in early April.
